Creative life after death − or yes, you can control spinoffs from beyond the grave

The article discusses how the estates of deceased artists, like Michael Crichton, Isaac Hayes, and George Carlin, are involved in legal battles to protect their legacies and control over their intellectual property.

Michael Crichton’s estate is suing Warner Bros. for allegedly rebooting ER through a new medical drama The Pitt, invoking a "frozen rights" contract Crichton had signed, giving him and his estate approval rights over sequels. Such contractual rights can survive death, allowing estates to enforce them.

Copyright protection extends 70 years after an author's death, as shown by the estate of Isaac Hayes suing Donald Trump’s campaign for unauthorized use of his song, and Donna Summer’s estate’s lawsuit against Ye and Ty Dolla Sign for using her music without permission.

Publicity rights, which prevent unauthorized commercial use of someone’s name or likeness, also persist after death in some states. This is seen in George Carlin’s estate suing a podcast for using AI to mimic his likeness and voice. Little Richard's estate involved estate planning to ensure beneficiaries cooperated in managing his posthumous publicity rights, with penalties for interference.

These cases highlight how legal measures like contracts, copyright, and publicity rights help control the use of an artist’s work even after death, especially in the age of AI, where unauthorized reproductions are more common.

For more information see Naomi Cahn and Reid Kress Weisbord "Creative life after death − or yes, you can control spinoffs from beyond the grave" TheConversation.com, September 13, 2024. 

Special thanks to Naomi Cahn (University of Virginia School of Law) for bringing this article to my attention.